(a)Except as provided in subsections (b), (c), (d), (e), and (f) of this section appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service.

(b)The Secretary may, with the concurrence of such agent as the President may designate, determine and fix the maximum limit of age within which an original appointment to a position as an air traffic controller may be made.

(c)The Secretary of the Interior may determine and fix the minimum and maximum limits of age within which original appointments to the United States Park Police may be made.

(d)The head of any agency may determine and fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section
8331(20) and (21), respectively, of this title.

(e)

(1)Except as provided in paragraph (2), the head of an agency may determine and fix the maximum age limit for an original appointment to a position as a firefighter or law enforcement officer, as defined by section
8401(14) or (17), respectively, of this title.

(2)

(A)In the case of the conversion of an agency function from performance by a contractor to performance by an employee of the agency, the head of the agency, in consultation with the Director of the Office of Personnel Management, may waive any maximum limit of age, determined or fixed for positions within such agency under paragraph (1), if necessary in order to promote the recruitment or appointment of experienced personnel.

(B)For purposes of this paragraph—

(i)the term “agency” means the Department of Defense or a military department; and

(ii)the term “head of the agency” means—

(I)in the case of the Department of Defense, the Secretary of Defense; and

(II)in the case of a military department, the Secretary of such military department.

(f)The Secretary of Energy may determine and fix the maximum age limit for an original appointment to a position as a nuclear materials courier, as defined by section
8331(27) or
8401(33).

(g)The Secretary of Homeland Security may determine and fix the maximum age limit for an original appointment to a position as a customs and border protection officer, as defined by section
8401(36).

“(1) Effective date.—The amendments made by this section [amending this section and sections
8331,
8334 to
8336,
8401,
8412,
8415,
8422,
8423, and
8425 of this title] shall become effective on the later of June 30, 2008, or the first day of the first pay period beginning at least 6 months after the date of the enactment of this Act [Dec. 26, 2007].

“(2) Transition rules.—

“(A) Nonapplicability of mandatory separation provisions to certain individuals.—The amendments made by subsections (a)(3) and (b)(6) [amending sections
8335 and
8425 of this title], respectively, shall not apply to an individual first appointed as a customs and border protection officer before the effective date under paragraph (1).

“(B) Treatment of prior cbpo service.—

“(i) General rule.—Except as provided in clause (ii), nothing in this section [amending this section and sections
8331,
8334 to
8336,
8401,
8412,
8415,
8422,
8423, and
8425 of this title and enacting provisions set out as a note under this section] or any amendment made by this section shall be considered to apply with respect to any service performed as a customs and border protection officer before the effective date under paragraph (1).

“(ii) Exception.—Service described in section
8331(31) or
8401(36) of title
5, United States Code (as amended by this section) rendered before the effective date under paragraph (1) may be taken into account to determine if an individual who is serving on or after such effective date then qualifies as a customs and border protection officer by virtue of holding a supervisory or administrative position in the Department of Homeland Security.

“(C) Minimum annuity amount.—The annuity of an individual serving as a customs and border protection officer on the effective date under paragraph (1) pursuant to an appointment made before that date shall, to the extent that its computation is based on service rendered as a customs and border protection officer on or after that date, be at least equal to the amount that would be payable—

“(i) to the extent that such service is subject to the Civil Service Retirement System, by applying section
8339(d) of title
5, United States Code, with respect to such service; and

“(ii) to the extent such service is subject to the Federal Employees’ Retirement System, by applying section
8415(d) [now 8415(e)] of title 5, United States Code, with respect to such service.

“(D) Rule of construction.—Nothing in the amendment made by subsection (c) [amending this section] shall be considered to apply with respect to any appointment made before the effective date under paragraph (1).

“(3) Election.—

“(A) Incumbent defined.—For purposes of this paragraph, the term ‘incumbent’ means an individual who is serving as a customs and border protection officer on the date of the enactment of this Act.

“(B) Notice requirement.—Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall take measures reasonably designed to ensure that incumbents are notified as to their election rights under this paragraph, and the effect of making or not making a timely election.

“(C) Election available to incumbents.—

“(i) In general.—An incumbent may elect, for all purposes, either—

“(I) to be treated in accordance with the amendments made by subsection (a) or (b) [amending sections
8331,
8334 to
8336,
8401,
8412,
8415,
8422,
8423, and
8425 of this title], as applicable; or

“(II) to be treated as if subsections (a) and (b) had never been enacted.

“Failure to make a timely election under this paragraph shall be treated in the same way as an election made under subclause (I) on the last day allowable under clause (ii).

“(ii) Deadline.—An election under this paragraph shall not be effective unless it is made at least 14 days before the effective date under paragraph (1).

“(4) Definition.—For purposes of this subsection, the term ‘customs and border protection officer’ has the meaning given such term by section
8331(31) or
8401(36) of title
5, United States Code (as amended by this section).

“(5) Exclusion.—Nothing in this section or any amendment made by this section shall be considered to afford any election or to otherwise apply with respect to any individual who, as of the day before the date of the enactment of this Act—

“(A) holds a position within U.S. Customs and Border Protection; and

“(B) is considered a law enforcement officer for purposes of subchapter
III of chapter
83 or chapter
84 of title
5, United States Code, by virtue of such position.”

Effective Date of 1988 Amendment

Pub. L. 100–238, title I, § 103(f),Jan. 8, 1988, 101 Stat. 1745, provided that: “This section, and the amendments made by this section [amending this section and sections
8401 and
8704 of this title and enacting provisions set out as a note under section
8334 of this title], shall be effective as of January 1, 1987.”

Pub. L. 93–350, § 7,July 12, 1974, 88 Stat. 356, provided that: “The amendments made by the first section [amending this section], and sections
2(b),
5, and
6 [amending sections
8331,
8336, and
8339 of this title], of this Act shall become effective on the date of enactment of this Act [July 12, 1974]. The amendments made by sections
2(a) and
3 [amending sections
8331 and
8334 of this title] of this Act shall become effective at the beginning of the first applicable pay period which begins after December 31, 1974. The amendment made by section 4 of this Act [amending section
8335 of this title] shall become effective on January 1, 1978.”

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–297effective on 90th day after May 16, 1972, see section 10 ofPub. L. 92–297, set out as an Effective Date note under section
3381 of this title.

Regulations

Pub. L. 110–161, div. E, title V, § 535(d),Dec. 26, 2007, 121 Stat. 2077, provided that: “Any regulations necessary to carry out the amendments made by this section [amending this section and sections
8331,
8334 to
8336,
8401,
8412,
8415,
8422,
8423, and
8425 of this title] shall be prescribed by the Director of the Office of Personnel Management in consultation with the Secretary of Homeland Security.”

United States Park Police; Age Limits for Original Appointments

Pub. L. 91–73, Sept. 26, 1969, 83 Stat. 116, which provided for age limits for appointments to the United States Park Police, was repealed by Pub. L. 92–297, § 11,May 16, 1972, 86 Stat. 145, effective at the end of the 89th day after May 16, 1972. The Secretary of the Interior may fix age limits for appointment under subsec. (c) of this section.

Ex. Ord. No. 11817. Office of Personnel Management Designated Agent To Concur With Agency Determination Fixing Age Limits for Making Original Appointments Respecting Law Enforcement Officer and Firefighter Positions

By virtue of the authority vested in me by section
3307(d) of title
5 of the United States Code, as added by the first section of the Act of July 12, 1974 (Public Law 93–350; 88 Stat. 355), I hereby designate the Office of Personnel Management as the agency to concur with determinations made by agencies to fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section
8331(20) and (21), respectively, of title
5 of the United States Code. The designation made by this order shall be effective as of October 15, 1974.